Which of the following statements is TRUE regarding inadmissibility under INA § 212(a)(9)(B)?

Prepare for the USCIS Immigration Services Officer Basic Training Program (ISOBTP 901) Test V. Use our quiz to practice with detailed explanations of each question. Enhance your USCIS knowledge and get exam-ready!

The statement that an alien is inadmissible for ten years after unlawful presence of more than one year is accurate under the Immigration and Nationality Act (INA) § 212(a)(9)(B). This section specifically outlines that any non-citizen who has been unlawfully present in the United States for more than 180 days but less than one year is subject to a three-year bar of inadmissibility upon departure from the U.S. However, if the unlawful presence exceeds one year, the alien will face a ten-year bar to reentry. This provision is significant because it emphasizes the consequences of unlawful presence and the established time frame of inadmissibility that the Department of Homeland Security (DHS) enforces.

This understanding is crucial for immigration officers as it allows them to accurately assess the admissibility of individuals seeking to return to the U.S. after having been unlawfully present. It emphasizes the importance of legal compliance within U.S. immigration laws and the ramifications of violating those laws by overstaying a visa or not maintaining lawful status.

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